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(영문) 수원지방법원 2017.11.29 2016가합81730
공탁금출급청구권 확인의 소
Text

1. Of KRW 936,09,755 won deposited by the Suwon District Court 2016No 7615 on September 19, 2016, 655,269.

Reasons

1. Basic facts

A. The status of the parties 1) Alti Electronic Co., Ltd. (hereinafter “ Alti Electronic”)

() On March 23, 2011, upon filing an application for commencement of rehabilitation proceedings with Suwon District Court 201Mo26, Suwon District Court 201, the Plaintiff received a decision of commencement of rehabilitation proceedings as of April 25, 201, and a decision of authorization of rehabilitation plan as of May 21, 2012, and B was appointed as a custodian, and was changed to the Plaintiff on July 5, 2016 (as the Plaintiff succeeded to the status of B, it is referred to as “Plaintiff” by combining the Plaintiff and B.

(2) A. (2) A.M.A. (i) promoted Alti’s M&A in around 2015, thereby selecting E.M.T.T. (hereinafter “E”) as a priority negotiating party. A.M.A. (i) concluded an investment agreement with the said company and drafted a draft amendment to the rehabilitation plan under the investment agreement; (ii) on January 13, 2016, the said amendment was rejected at the meeting of interested persons, and thus, M&A

B. On February 2016, 2016, Alti Electronic is M&A (hereinafter “instant M&A”). Around February 2, 2016, E&A’s implementation and understanding of the instant M&A

(2) On February 18, 2016, the Defendant Company (hereinafter “Defendant Company”) made a public announcement of the sale of Alti-Electronics on February 4, 2016, and received the Defendant Company’s acquisition intent on February 17, 2016. The Defendant Company was selected as a bidder on February 18, 2016. (2) The Defendant Company was from February 18, 2016 to the same year.

3. Until February 14, 201, a preliminary inspection was conducted for 14 days, and on March 3, 2016, a bid deposit amount of KRW 200 million was deposited in the Plaintiff’s account and a bid document was received.

3) On March 7, 2016, the Defendant Company received the notification that it was selected as a priority negotiation object from the Han Young Accounting Corporation, the main purchaser of the instant M&A, on March 7, 2016. (4) On March 14, 2016, the Defendant Company deposited a performance guarantee amount of KRW 935.6 million (hereinafter “instant performance guarantee”) with the Plaintiff’s account in the name of the Plaintiff, which is 5% of the bid amount. On the same day, the Plaintiff and the “Written Understanding on M&A” (hereinafter “instant Understanding”).

The contents of the part relating to this case in the above MOU shall be as follows:

A rehabilitation company;

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